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Blog Posts


  • Attorney Lausten Represents Simona Mangiante Papadopoulos
  • Negligent Hiring can be an “Accident” for Purposes of Commercial General Liability Insurance Coverage
  • Law of Negligence — Not Maritime Law — Applied to Damage to Oyster Leases
  • The Necessary and Essential Elements of Toxic Torts: Proving Level of Exposure
  • Environmental Law: Expanding a Personal Servitude Requires Consent
  • What is Outside General Counsel, Anyway?
  • Defending NORM/TENORM Litigation: Prescription Periods and Contra Non Valentem
  • Fifth Circuit: “Information on the Internet” is not “In and of Itself” “Constructive Knowledge,” Which Would Defeat an Argument of Contra Non Valentem
  • Another Federal Circuit Takes Broad View of Issue Class Certification Under Rule 23(b)(3) and 23(c)(4)
  • Louisiana Defenses: Strategies for Avoiding Waiver of Claims Defenses
  • Louisiana Insurance Defense: Corporations/LLCs Can Recover Loss of Use Damages
  • Louisiana Maritime Law: What is the “Physical Injury to Proprietary Interest” Rule?
  • Louisiana Environmental Defense: Passive Breach of Contract Not Tortious
  • Louisiana Defenses: What is a Valid Assignment of a Right to Sue?
  • Defending Louisiana Environmental Litigation: Grace Ranch (Part II) — Defeating Assignments as Efforts to Avoid the Subsequent Purchaser Doctrine
  • Defending Louisiana Environmental Litigation: Louisiana Court of Appeals Rejects Several Legal Challenges to the Subsequent Purchaser Doctrine with Respect to Mineral Leases
  • Doiron Test is Broadened: Decommissioning Offshore Platform is a Maritime Contract
  • Louisiana Defenses: Open and Obvious (Part II)
  • Louisiana Defenses: Open and Obvious (Part I)
  • Louisiana Defenses: Defending Employer Liability for Worker’s Negligent Torts
  • Louisiana Defenses: Shorten the Prescription Period by Arguing Breach of Duty, Not Breach of Contract
  • Defending Legacy Environmental Litigation
  • Defending Maritime Cases: No Punitives Against Non-Employer Tortfeasor
  • Louisiana Defenses: Claim Preclusion Based on Regulatory Compliance
  • Causation in Louisiana Toxic Tort Cases
  • Opioid Crisis: Defending Allegations of Opioid Prescription Malpractice: Avoiding Hindsight Bias
  • Supreme Court Declines to Decide Maritime Contracts Case
  • Ezkovich & Co. Files Petition for Certiorari to United States Supreme Court in Maritime Contracts Case
  • Riverboat Casino is Not a “Vessel” Under New Orleans Maritime Law
  • Opioid Manufacturers in Louisiana: The “Learned Intermediary” Doctrine
  • Opioid Crisis: How Doctors and Hospitals Can Help Defend Themselves from Legal Liability
  • Defending Unseaworthiness Claims: Fifth Circuit’s No-Punitive-Damages Decision in McBride Rejected by Ninth Circuit
  • Defending Louisiana Environmental Litigation: Using Mineral Servitude Prescription Period
  • Defending Maritime Cases: The Shipowner’s Limitation of Liability Act
  • Insurance Defense: Opioids are a “Product”
  • Defending Louisiana Environmental Litigation: What is the Prescription Period?
  • Louisiana Maritime Defense: DOTD Not Immune for Mississippi Ferry Allision
  • Opioid Crisis: Not an “Accident?”
  • Defending Against Opioid Cases in Louisiana: The Buckman Defense
  • Litigating Louisiana Oilfield Contamination Under La. Rev. Stat.§ 30:29
  • Louisiana Boating Accidents: Punitive Damages Available Under General Maritime Law
  • Defending Louisiana Negligence Cases: Handling Mental Injury/Distress Claims Part II
  • Defending Louisiana Negligence Cases: Handling Mental Injury/Distress Claims Part I
  • Louisiana Insurance Defense: Event Data Recorders and Other Technology
  • Defending Negligence Claims: Open and Obvious in New Orleans
  • The Importance of Asserting Coverage Denial Before Undertaking Defense
  • Hurricanes and Storms: Defending Claims Under the Louisiana NHWA
  • Part 5 – Louisiana Venue Analysis: Issues Concerning Venue for Insurance Defense
  • Part 4 – Louisiana Venue Analysis: Negotiating to Avoid Unfavorable Venue in Contracts
  • Maritime Law: Recent Case Confirms No Non-Pecuniary Damages Under Jones Act
  • Use of Drones for Insurance Claims Adjusting
  • Legal Responses to Negligence Claims: Comparative Fault
  • New Orleans Flooding Part II: City May be Liable for Violating Servitudes
  • New Orleans Flooding Part I: City May be Liable for Negligence
  • Store Owners/Merchants: Defending Negligence Claims Based on Failure of Constructive Notice
  • Toxic Torts: Not Just for Big Business
  • Part 3 – Louisiana Venue Analysis: Venue in Construction Disputes
  • Part 2 – Louisiana Venue Analysis: Contracting for Venue
  • Part 1 – Louisiana Venue Analysis: What Is Venue, When Is It Proper, and Why Does it Matter in Litigation? 
  • Insurance Defense: Handling Bad Faith Accusations
  • What Are The Most Common Bases For Construction Dispute Claims?
  • The Four Types of Damages Available in Louisiana Contract Disputes
  • Legislative Update: 2016 Regular Session
  • No Way Gasquet!
  • Louisiana’s “Blue Lives Matter” Bill